Ord 1654 - AMENDING THE ZONING ORDINANCE TO ADD PROVISIONS FOR SECONDARY DWELLING UNITSORDINANCE NO. 1654
AN ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE ZONING ORDINANCE TO ADD PROVISIONS
FOR SECONDARY DWELLING UNITS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS:
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Section 2.00.397 is added to read:
SEC. 2.00.397: PRIMARY DWELLING UNIT
A primary dwelling unit is a single family dwelling unit located on a sepa-
rate lot with no other dwellings on the lot except for a secondary dwelling
unit.
SECTION 2.
Section 2.00.417 is added to read:
SEC. 2.00.417: SECONDARY DWELLING UNIT
A secondary dwelling unit is a detached or attached dwelling unit which
provides complete independent living facilities for one or more persons and is
accessory to and generally smaller than a primary dwelling unit. A secondary
dwelling unit is located in a permanent structure with separate entrance,
sleeping, bath and kitchen facilities (stove, hot plate, microwave oven or
equivalent).
(a) A detached secondary dwelling unit is physically separate from the
primary dwelling unit.
(b) An attached secondary dwelling unit requires modification to the exte-
rior walls of the primary dwelling unit.
(c) An interior secondary dwelling unit requires modifications only to the
interior walls of the primary dwelling unit.
SECTION 3.
Chapter 3.95 is added to read:
Chapter 3.95
Secondary Dwelling Units
SEC. 3.95.010: INTENT
Chapters 3.95, 3.96 and 3.97 are adopted to fulfill the requirements of the
Housing Element for regulating secondary dwelling units.
SEC. 3.95.020: EFFECTIVE DATE
The regulations in Chapters 3.95, 3.96 and 3.97 shall become effective on
June 2, 1985.
SEC. 3.95.030: NUMBER
Only one secondary unit is allowed on a single lot, and none is allowed on
a lot with an existing approved accessory living quarters. If there is more
than one secondary dwelling unit on a lot, all units not receiving a secondary
dwelling unit permit or a conditional use permit shall be abated.
SEC. 3.95.040: PROVISIONS
The provisions of chapters 3.95, 3.96 and 3.97 shall prevail over any other
provisions of this ordinance, including, but not limited to Sec. 3.50.050.
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Chapter 3.96 is added to read:
Chapter 3.96
Existing Secondary Dwelling Units
SEC. 3.96.010 DEFINITION OF EXISTING SECONDARY DWELLING UNITS
An existing secondary dwelling unit is defined as a secondary dwelling unit
which existed in the Town on June 1, 1983 or existed at the time of annexation
if the annexation occurred after June 1, 1983. Existing secondary dwelling
units are eligible for a secondary dwelling unit permit regardless of the zone
in which the property is located.
SEC. 3.96.020: SECONDARY DWELLING UNITS EXISTING ON JUNE 1, 1983
The owner of a secondary dwelling unit which existed on June 1, 1983 or
which existed at the time of annexation and the annexation became final between
June 1, 1983 and the effective date of this Chapter, may either abate the unit
or apply for a secondary dwelling unit permit by October 1, 1985. Where an ap-
plication for a secondary dwelling unit permit has not been filed by October 1,
1985, the unit shall be treated as a new secondary dwelling unit.
SEC. 3.96.030: SECONDARY DWELLING UNITS EXISTING AT THE TIME OF ANNEXATION
The owner of a secondary dwelling unit which existed at the time of annexa-
tion may either abate the unit or apply for a secondary dwelling unit permit
within four months from the effective date of the annexation. Where an appli-
cation - for a secondary dwelling unit permit has not been filed within four
months from the effective date of the annexation, the unit shall be treated as
a new secondary dwelling unit.
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SEC. 3.96.040: HOUSING CODE
(1) Any unit receiving a secondary unit permit pursuant to Sec. 3.95.110
shall be required to comply with the Town Housing Code, and all im-
provements shall be completed by July 1, 1986.
(2) Any unit receiving a secondary unit permit pursuant to Sec. 3.95.120
shall be required to comply with the Town Housing Code, and all im-
provements shall be completed within one year from the effective date
of the annexation.
(3) Where a timely application under Sections 3.95.110 or 120 has been
filed, and approved, an extension from the compliance date may be
granted for good cause shown.
SEC. 3.96.050: OCCUPANCY
Either the primary or the secondary dwelling unit shall remain rental only
with the other unit remaining owner - occupied, except as hereinafter provided.
Exception: For a lot with an existing secondary dwelling unit on which neither
the primary nor secondary dwelling unit is owner occupied at the time of
granting a secondary dwelling unit permit, the owner shall agree to the recor-
dation of a deed restriction which will require owner occupancy of either the
primary or secondary dwelling unit upon transfer of title. Once owner occupan-
cy is established, the owner of - the property shall, sign an affidavit,
declaring under penalty of perjury that the owner is principally residing on
the premises. Such affidavit shall be filed with the Planning Director annual-
ly on October 1.
SEC. 3.96.060: DEVELOPMENT STANDARDS
Existing secondary dwelling units need not comply with the development
standards required by the zone in which the property is located nor the devel-
opment standards required by Chapter 3.97 for new secondary dwelling units.
SEC. 3.96.070: PARKING
Existing secondary dwelling units shall not be required to add parking in
order to comply with the parking requirements for secondary dwelling units;
however, if parking exists at the time the secondary dwelling unit permit is
issued, such parking shall not be reduced below the number of spaces that would
be required for secondary dwelling units.
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Chapter 3.97 is added to read:
Chapter 3.97
New Secondary Dwelling Units
SEC. 3.97.010:
DEFINITION OF NEW SECONDARY DWELLING UNITS
A new secondary dwelling unit is defined as a unit which was created after
June 1, 1983, a unit which is not eligible for a secondary dwelling unit
permit, or a unit for which an application for a secondary dwelling unit permit
has been denied.
SEC. 3.97.020: TOWN CODES AND ORDINANCES
All new secondary dwelling units shall comply with all the provisions of
this Ordinance and other Town Codes.
SEC. 3.97.030: SCOPE
Secondary dwelling units are allowed in those zones as shown in the Table
of Conditional Uses (SEC. 5.20.205) as an accessory use to a primary dwelling
unit. Secondary dwelling units are not allowed in any PD (planned development
overlay) Zone.
SEC. 3.97.040: OCCUPANCY
Either the primary or the secondary dwelling unit must remain rental only
with the other unit remaining owner- occupied.
SEC. 3 .97.050: DEED RESTRICTION
A deed restriction setting forth the occupancy requirement shall be record-
ed prior to granting a building permit for a new secondary dwelling unit. The
owner of a property which contains a secondary dwelling unit shall sign an af-
fidavit declaring under penalty of perjury that the owner is principally
residing on the premises. Such affidavit shall be filed with the Planning Di-
rector annually on October 1.
SEC. 3.97.060:
MINIMUM LOT SIZE, MAXIMUM UNIT SIZE AND MAXIMUM NUMBER OF
BEDROOMS
Minimum Lot Size Maximum Unit Size Maximum No. Bedrooms
Interior 10,000 sq ft 750 sq t
Attached 12,000 sq ft 750 sq ft 1
Detached' 15,000 sq ft 900 sq ft 2
SEC. 3.97.070: HEIGHT
Interior and attached secondary dwelling units shall be located only on the
first floor of the primary dwelling unit. Detached secondary dwelling units
shall not exceed one story in height. Secondary dwelling units shall not be
permitted on the second floor of a detached accessory building.
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SEC. 3.97.080:
DETACHED SECONDARY DWELLING UNITS
New detached secondary dwelling units are subject to the provisions of Sec-
tion 4.10.010 regardless of the zone in which - the property is located.
SEC. 3.97.090: ARCHITECTURE AND SITE APPROVAL
Architecture and Site Approval is required for all new secondary dwelling
units.
SEC. 3.97.100: PARKING
The number of off - street parking spaces required by this Ordinance for the
primary unit shall be provided prior to the issuance of a certificate of use
and occupancy for the new secondary dwelling unit.
SEC. 3.97.110: ACCESSORY LIVING QUARTERS
A secondary dwelling unit is not allowed on the same lot with an existing
approved accessory living quarters. In order to convert an accessory living
quarters to a secondary dwelling unit, the owner must apply for a conditional
use permit for a new secondary dwelling unit.
SEC. 3.97.120: EXPANSION OF A SECONDARY DWELLING UNIT
Requests for expansion of a secondary dwelling unit shall be processed in
- the same manner and subject to the same requirements as a new secondary
dwelling unit. Expansion of a secondary dwelling unit is defined as increasing
the number of bedrooms or adding floor area in excess of 30 square feet.
SEC. 3.97.130:
DESIGN, FORM, MATERIALS AND COLOR
The design, form, materials and color of a new secondary dwelling unit
shall be compatible with the primary dwelling unit and the neighborhood. Sec-
ondary dwelling units shall retain the single family appearance of the property
as much as possible.
SEC. 3.97.140: GRADING
The siting of a secondary dwelling unit shall not require excessive grading
or result in a grading scar which is visible from a public space or adjoining
property.
SEC. 3.97.150: CHAPTER 3.97 NOT EFFECTIVE
This Chapter 3.97 shall not become effective until the Town Council deter-
mines by resolution - that all existing secondary dwelling units have been iden-
tified and applications therefor have been processed.
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SECTION 6.
Amend Section 3.41.030 to read as - follows:
SEC. 3.41.030: PARKING REQUIREMENTS
The number of off - street parking spaces required for areas outside the
Downtown is set in this section. When a use is not listed in this section, the
Planning Director shall determine the parking requirements by analogy to the
requirements for the listed uses.
(1) Single family, residential condominiums and two - family dwellings Two
parking spaces for each living unit.
(2) Secondary dwelling units: Parking spaces shall be provided in addi-
tion to the required minimum number of parking spaces for the primary
dwelling unit as follows:
Interior secondary dwelling unit: 1 space
Attached secondary dwelling unit: 1 space
Detached secondary dwelling unit: 2 spaces
(3) Multiple-unit dwellings in all zones and two - family dwellings in the
R- ID zone: One and one-half times the num er of living units in suc
we ngs.
(4) Hotels, motels and auto courts One parking space for each guest room
or suite, plus one parking space for each employee.
(5) Lodging houses, boarding houses, fraternity houses and men's
dormitories: One par Ring space or each two beds in such Building,
plus one parking space for each employee.
(6) Sorority houses and women's dormitories: One parking space for each
four beds, plus one parking space - for each employee.
(7) Hospitals One and one -half parking spaces for each bed.
(8) Sanitariums, convalescent homes and rest homes: One parking space per
two and one-half beds.
(9) Medical or dental clinic or office five parking
spaces for each doctor or dentist.
(10) Retail and commercial stores and shops: one parking space for each
235 square feet of gross f oor area.
(11) Business and professional offices, banks, financial institutions,
insurance companies, social service agencies and studios: one parking
space or each square feet of gross floor area.
(12) Household furniture, appliances and furniture repair shops: one park-
ing space for each square feet of gross floor area.
(13) Enclosed automobile or machinery sales one parking space for each
470 square feet of gross floor area.
SEC. 3.41.030 (cont.)
(14) Open sales areas two parking spaces for each employee.
(15) Service stations and auto repair and auto service businesses: two
parking spaces for each grease rack or working bay, plus one parking
space for each employee.
(16) Public eating establishments, taverns, and nightclubs: one parking
space for each tree seats in suc pu W c eating establishments, tav-
ern or nightclub.
(17) Wholesale establishments and warehouses: one parking space for each
2,350 square feet of gross floor area, plus one space for each company
vehicle used in the operation of such establishment or warehouse.
(18) Manufacturing plants, machine shops, research or testing laboratories,
b ottling plants and printing plants: one parking space for each one
and one- a f employee, plus one parking space for each company vehicle
used in the operation of such plant, shop or laboratory.
(19) Funeral homes and mortuaries: one parking space for each 700 square
feet of gross floor area, plus one parking space for each employee and
one parking space for each company vehicle used in the operation of
such home or mortuary.
(20) Community centers and libraries: one parking space for each 590
square feet of gross floor area, plus one parking space for each
employee.
(21) Post o ffices : one parking space for each 235 square feet of gross
floor area, plus one parking space for each employee, and one for each
official vehicle.
(22) Private clubs and lodges one parking space for each 350 square feet
of gross floor area, plus one parking space for each 350 square feet
of outside areas employed for purposes of assembly and meeting by the
members and guests of such clubs and lodges, plus one parking space
for each 590 square feet of outside areas developed for recreational
purposes, such as gardens, swimming pools, park areas and assembly
areas, excepting golf course playing area and similar field sports.
(23) Elementary schools: one parking space for each employee, and if such
school as an au itorium there shall be one parking space for each
three and one -half fixed seats in such auditorium, plus one parking
space for each six linear feet of fixed benches therein, or one park-
ing space for each 35 square feet of gross floor area in such
auditorium.
(24) Intermediate or junior high
employee, and if such sc oo'
parking space for each three
auditorium, plus one parking sp,
benches therein, or one parking
floor area in such auditorium.
schools: one parking space for each
I awn auditorium there shall be one
and one -half fixed seats in such
ace for each six linear feet of fixed
space for each 35 square feet of gross
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SEC.3.41.030 (cont)
(25) High schools one parking space
space for each seven students in
has an auditorium there shall be
one -half fixed seats in such
each six linear feet of fixed
for each 35 square feet of gross
for each employee, plus one parking
such high school and if such school
one parking space for each three and
auditorium plus one parking space for
benches therein, or one parking space
floor area in such auditorium.
(26) Colleges: one parking space for each employee, plus one parking space
for eacT three students in such college, and if such college has an
auditorium, there shall be one parking space for each three and
one -half fixed seats in such auditorium, plus one parking space for
each six linear feet of fixed benches therein, or one parking space
for each 35 square feet of gross floor area in such auditorium.
(27) Churches one parking space for each four seats in each building used
separately, or together with any other building, for worship.
(28) Bowling lanes: seven parking spaces for each lane in each
establishment.
(29) Auditorium, theaters, sports arenas, stadiums and assembly halls, with
or without fixed seats: one parking space for each three and one-half
Mea seats on such premises, plus one parking space for each six
linear feet of fixed benches on said premises, or one parking space
for each 35 square feet of gross floor area.
SECTION 7.
Amend Section 5.10.020 to read as follows:
SEC. 5.10.020:
CERTIFICATE OF USE AND OCCUPANCY
A certificate of use and occupancy is required:
(1) Before occupancy of any new building or commencement of any activity
when Architecture and Site Approval or a Conditional Use Permit is re-
quired for either.
(2) Before any change of occupancy of land or buildings other than a
change in residents of a dwelling or proprietors of a continuing busi-
ness enterprise.
(3) To signify compliance with the terms of a secondary dwelling unit
permit.
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Amend the Table of Conditional Uses in Section 5.20.205 as follows:
Subsection 4. Residential Uses
add a new listing j. Secondary dwelling unit with X's in columns labeled R1,
RD, R -M, R -1D, 0, C -1, C -2, CH and LM.
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Amend Section 5.30.010 to read as follows:
SEC. 5.30.010:
APPEALS FROM THE DECISION BY THE PLANNING DIRECTOR
Any interested person may appeal to the Commission from a decision of the
Planning Director:
(1) Determining an application for a horse permit, amateur horse event or
animal permit, for a home occupation permit, for a tree removal
permit, for a sign permit, for a secondary dwelling unit permit, or
denying a certificate of use and occupancy on the ground that the use
is not allowed in the zone.
(2) Granting or denying an extension of time related to one of the forego -
ing transactions.
(3) Revoking or modifying one of the foregoing approvals or permits.
SECTION 10.
Amend Section 5.40.090 to read as follows:
SEC. 5.40.090: NOTICES
Where a hearing is required by this Ordinance other than a hearing concern-
ing an ordinance amendment, the following notice is required. At least ten
days before the hearing, the Planning Director shall give notice by publication
at least once in a newspaper of general circulation, published and circulated
in the Town, or if there is none, by posting in at least three public places in
the Town, and through the United States mails, with postage prepaid using
addresses from the last equalized assessment roll, or alternatively, from such
other records of the assessor or the tax collector as contain more recent
addresses in the opinion of the director, to all properties lying within a 300
ft. radius of the land which is the subject of the hearing.
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Amend Sec. 5.60.010 to read as follows:
SEC. 5.60.010: PLANNING DIRECTOR
The Planning Director:
(1) Prescribes all forms and contents of applications.
(2) Keeps all records of Planning Commission, Development Review
Committee, Planning Director and Planning Department work, except re-
cords transmitted to the Town Council and retained by the Town Clerk.
(3) Investigates applications.
SEC. 5.60.010 (cont.)
(4) Gives all notices except notices of proceedings of the Town Council.
(5) Prepares Committee and Commission agendas, sets Committee and Commis-
sion hearing dates (subject to the requirements of this ordinance) and
establishes filing deadlines.
(6) Issues permits for temporary sales of Christmas trees and pumpkins,
use and occupancy certificates, horse permits and amateur horse
events, home occupations and sign permits.
(7) Determines revocations or modifications of animal permits and home oc-
cupation permits.
(8) May refer any matter assigned by ordinance to him for decision to the
Commission for decision.
(9) Determines applications for sign approval when action is not required
of the Council or Commission.
(10) Determines applications for tree permits upon recommendation by the
Director of Parks, Forestry and Maintenance Services to the extent
provided by Section 3.20.065.
(11) Determines applications for Section 3.65.020 demolition permits.
(12) Where action is based on an application or notice of appeal, prepares
a written notification of all determinations, except determinations by
the Council, and sends the notifications to all applicants and
appellants.
(13) Prepares and sends notifications required by statute to the County
Assessor.
(14) Notifies applicants of hearings.
(15) Keeps records of nonconforming signs and mails notices to owners of
such signs.
(16) Corrects zoning map.
(17) Keeps lists of nonconforming uses and buildings.
(18) Reviews applications for construction permits for ordinance
compliance.
(19) Determines parking requirements for uses whose parking requirements
are not specified.
(20) Keeps records of those properties which have utilized parking district
exemptions.
(21) Determines applications for expansion of nonconforming one or two
- family dwellings.
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SEC. 5.60.010 (cunt.)
(22) Reviews all required parking lot screening.
(23) May approve lower walls around required trash enclosures.
(24) Chairs the Development Review Committee.
(25) Assists in the writing of ordinances.
(26) Determines whether lots have merged.
(27) Determines initial applications, and any applications for time
extensions, for secondary dwelling unit permits.
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This ordinance takes effect 30 days after the date it is adopted. Within 15
days after this ordinance is adopted the Town Clerk shall cause it to be published
once in a newspaper of general circulation published and circulated in the Town.
This ordinance was introduced at a regular meeting of the Town Council of the
Town of Los Gatos on April 3th 1985 and adopted by the following vote as an
ordinance of the Town of Los Gatos at a continued regular meeting of the Town
Council on April 22nd , 1985.
AYES: COUNCIL MEMBERS Eric D. Carlson, Terrence J. Daily, and
Mayor Joanne Benjamin
NOES: COUNCIL MEMBERS Thomas J. Ferrito and Brent N. Ventura
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
SIGNED:
7 OF - THE 0 N LOS GATO
ATTEST:
DEPUTY CLERK OF THE WN OF LOS GATOS
ZONING ORDINANCE:2ND DU ORD
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